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AF | BCMR | CY2002 | 0200518
Original file (0200518.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00518
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the  applicant’s  request  for  reconsideration,  he  requests  that  his
dishonorable discharge be upgraded based on clemency.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his enlistment in the Regular Air Force  on  8  Oct
53 for a period of four years.

On 13 Sep 55, applicant was tried before a  general  court-martial  convened
at Itami Air Base (AB), Japan for violation of Article  121,  UCMJ  (Theft).
He pled not guilty to the specification and charge; however,  he  was  found
guilty and  sentenced  to  be  discharged  with  a  bad  conduct  discharge,
forfeiture of $50.00 per month for 12 months and confinement at  hard  labor
for 12 months.  The  sentence  was  adjudged  on  18  Oct  55.   A  previous
conviction of wrongful appropriation, by special  court-martial  on  14  Apr
54,  was  considered  by  the  general  court-martial  in   sentencing   the
applicant.   During  confinement  pursuant  to  the  general   court-martial
sentence, the applicant  was  charged  with  conspiracy  to  commit  sodomy,
sodomy and assault.  He was tried jointly  with  three  co-defendants  by  a
general court-martial convened  at  Itami  AB,  Japan;  after  pleading  not
guilty, he was adjudged guilty of all three specifications  and  charges  on
20 Jan 56.  The sentence of dishonorable  discharge,  total  forfeiture  and
confinement at hard labor for seven years  was  approved  by  the  convening
authority on 9 May 56.  The Air Force Board of Review affirmed the  findings
and sentence on 28 Jul 56 and the applicant’s petition to the  US  Court  of
Military Appeals for a grant of review was denied on 18 Dec 56.   On  15 Jan
57, the applicant was discharged in the grade of airman basic (E-1)  with  a
dishonorable discharge under the provisions of AFR 39-18 (Sentence of Court-
Martial).  At the time of his separation, he was credited with  1  year,  10
months and 11 days of active duty service and 517 days of lost time.

A similar appeal was considered and denied by the Board on 8 Jul  76  (refer
to Exhibit A for the rationale of the earlier decision by the Board).

The applicant’s subsequent requests for reconsideration of  his  application
were denied by the Board on 10 Apr 02 and 13 Jun  02  respectively  (Exhibit
C).

In the applicant’s most recent request for reconsideration,  post-marked  22
Jul 02, he  submits  post-service  information.   The  applicant’s  complete
submission, with attachments is at Exhibit D.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, provided  an  investigative  report  which  is  attached  at
Exhibit E.
_________________________________________________________________

APPLICANT'S REVIEW OF FBI INVESTIGATIVE REPORT:

A copy of the FBI report was  forwarded  to  applicant  on  31  Jul  02  for
review.  As of this date, no response  has  been  received  by  this  office
Exhibit F.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

We have considered the additional evidence provided relating to  applicant’s
post-service activities and  accomplishments.   While  these  documents  are
laudable, they do not alleviate the seriousness  of  his  misconduct  during
the time he was in the military service.   Notwithstanding  the  applicant’s
improved behavior since leaving the military service,  the  characterization
of his service was based on the circumstances which existed at the time  and
resulted  from  his  own  extensive  misconduct.   We  do   not   find   the
characterization of his discharge unduly harsh  for  the  numerous  offenses
committed.  In view of the above  and  the  seriousness  of  the  misconduct
which led to his trial and conviction by the  military  court,  we  are  not
inclined to exercise clemency in the form of an upgrade to  the  applicant’s
discharge at this time.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 12 September 2002, under the provisions of AFI 36-2603:

      Mr. Jackson A. Hauslein, Panel Chair
      Mr. James W. Russell III, Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number 02-00518.

      Exhibit A. Letter, AFBCMR, dated 8 Jul 76, with DD Form 149,
            dated 5 May 76, and HQ USAF/JAJM’s letter, dated
            18 Jun 76.
      Exhibit B. Applicant’s Master Personnel Records.
    Exhibit C.   Letters, AFBCMR, dated 10 Apr 02 and 13 Jun 02,
            with Applicant’s reconsideration requests of
            18 Dec 01 and 17 Apr 02.
    Exhibit D.   Applicant’s reconsideration request, post-marked
            22 Jul 02, w/atchs.
    Exhibit E.   FBI Identification Record.
    Exhibit F.   Letter, AFBCMR, dated 31 Jul 02.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair

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